Alberta Gazette — 30 June 2022 (Part II)

30 June 2022

Alberta — Gazette

Alberta Gazette — 30 June 2022 (Part II)

30 June 2022

Alberta — Gazette

Alberta Regulation 107/2022

Environmental Protection and Enhancement Act

ENVIRONMENTAL PROTECTION AND ENHANCEMENT

(MISCELLANEOUS) AMENDMENT REGULATION

Filed: June 7, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 201/2022)

on June 7, 2022 pursuant to sections 38, 86, 122 and 239 of the Environmental

Protection and Enhancement Act.

1 The Environmental Protection and Enhancement

(Miscellaneous) Regulation (AR 118/93) is amended by this

Regulation.

2 Sections 8.1 and 8.2 are repealed.

Section 9 is amended

(

a) by repealing clause (a);

(

b) in clause (b)

(

i) by striking out "4(1), (2) or (4)" and substituting

"4(1), (2), (3), (4), (5) or (8)";

(ii) by striking out "7(1) or (3)" and substituting "7(1)

or (4)";

(iii) by striking out "or 17(1), (2), (3) or (5)" and

substituting ", 17(1), (2), (3) or (5) or 17.1(2), (5), (6)

or (7)".

4 The

Schedule is repealed.

5 This Regulation comes into force on June 29, 2022.

Alberta Regulation 108/2022

Environmental Protection and Enhancement Act

ADMINISTRATIVE PENALTY AMENDMENT REGULATION

Filed: June 7, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 202/2022)

on June 7, 2022 pursuant to

section 239 of the Environmental Protection and

Enhancement Act.

1 The Administrative Penalty Regulation (AR 23/2003) is

amended by this Regulation.

2 The

Schedule is amended

(

a) in item 8

(

i) by striking out "4(1), (2), (4)" and substituting

"4(1), (2), (3), (4), (5), (8)";

(ii) by striking out "7(1), (3)" and substituting "7(1),

(4)";

(iii) by adding ", 17.1(2), (5), (6), (7)" after "17(1), (2),

(3), (5)";

(

b) by repealing item 14.

3 This Regulation comes into force on June 29, 2022.

--------------------------------

Alberta Regulation 109/2022

Financial Innovation Act

FINANCIAL INNOVATION REGULATION

Filed: June 7, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 203/2022)

on June 7, 2022 pursuant to

section 33 of the Financial Innovation Act.

Table of Contents

Interpretation

2 Physical presence in Alberta

3 Application fee

4 Expiry

5 Coming into force

Interpretation

1 In this Regulation,

(a) "Act" means the Financial Innovation Act;

(b) "senior officer" means, with reference to an entity,

(

i) the president, vice-president, secretary, comptroller,

treasurer or general manager of the entity, or

(ii) any other person who performs functions for the entity

similar to those normally performed by persons holding

the offices referred to in subclause (i).

Physical presence in Alberta

2 For the purposes of

section 4(1)(

a) of the Act, an entity has a

physical presence in Alberta if the entity or a corporate partner of the

entity has

(

a) an office physically located in Alberta, or

(

b) at least one senior officer who is resident in Alberta for the

purposes of the Alberta Personal Income Tax Act.

Application fee

3 For the purposes of

section 4(2) of the Act, the application fee is

$5000.

Expiry

4 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on June 30, 2027.

Coming into force

5 This Regulation comes into force on the coming into force of the

Financial Innovation Act.

Alberta Regulation 110/2022

Animal Health Act

REPORTABLE AND NOTIFIABLE DISEASES

AMENDMENT REGULATION

Filed: June 8, 2022

For information only: Made by the Minister of Agriculture, Forestry and Rural

Economic Development (M.O. 008/2022) on March 22, 2022 pursuant to

section

70(1) of the Animal Health Act.

1 The Reportable and Notifiable Diseases Regulation

(AR 129/2014) is amended by this Regulation.

Section 3 is repealed and the following is substituted:

Reporting of reportable diseases

3 A report under

section 9(1) of the Act must be made in a manner

approved by the Minister within 24 hours of the owner of an animal

or an authorized person becoming aware that a reportable disease is

or may be present in the animal.

Section 6 is repealed and the following is substituted:

Reporting of notifiable diseases

6 A report under

section 9(2) of the Act must be made in a manner

approved by the Minister within 24 hours of the owner of an animal

or an authorized person becoming aware that a notifiable disease is

or may be present in the animal.

Section 9 is amended by striking out "September 30, 2023"

and substituting "September 30, 2026".

Alberta Regulation 111/2022

Environmental Protection and Enhancement Act

DISCLOSURE OF INFORMATION (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: June 10, 2022

For information only: Made by the Minister of Environment and Parks

(M.O. 22/2022) on May 31, 2022 pursuant to

section 36 of the Environmental

Protection and Enhancement Act.

1 The Disclosure of Information Regulation (AR 273/2004)

is amended by this Regulation.

Section 6 is amended by striking out "June 30, 2022" and

substituting "June 30, 2027".

--------------------------------

Alberta Regulation 112/2022

Wildlife Act

WILDLIFE (2022 HUNTING SEASON - MINISTERIAL)

AMENDMENT REGULATION

Filed: June 10, 2022

For information only: Made by the Minister of Environment and Parks

(M.O. 25/2022) on June 7, 2022 pursuant to sections 12 and 103 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this

Regulation.

Section 30 is amended

(

a) in subsection (3) by striking out "or trophy sheep" and

substituting ", antlered moose, trophy sheep, trophy

antelope or turkey";

(

b) by repealing subsection (7.1).

Section 31(3)(

a) is repealed and the following is

substituted:

(

a) more than one recreational licence authorizing the hunting of

elk unless

(

i) either 2 or 3 such licences are obtained or held of which

one (and only one) is a resident WMU 212 antlerless elk

archery licence and/or one (and only one) is a resident

WMU 212 antlerless elk special licence, or

(ii) 2 of such licences are obtained or held of which one

(and only one) is a resident elk licence and one (and

only one) is an undersubscribed resident antlerless elk

special licence,

Section 125.1 is amended

(

a) in subsection (1) by striking out "48 hours" and

substituting "6 hours";

(

b) in subsection (2) by striking out "or" at the end of

clause (b), by adding "or" at the end of clause (

c) and by adding the following after clause (c):

(

d) a total round trip no fewer than 12 hours in duration,

undertaken with direct flights to destinations outside the

wildlife management unit.

Section 130(2.01) is repealed and the following is

substituted:

(2.01) A person who kills a goat shall personally submit a report to

the Service not later than 14 days after the close of the open season

in which the animal was killed or 30 days after the date on which the

animal was killed, whichever occurs first.

Schedule 8,

Part 1, item 24 is repealed.

Schedule 11,

Part 5, item 12 is repealed.

Schedule 15 is amended

(

a) in

section 5

(

i) in clause (

m) by striking out "September 25" and

substituting "September 24";

(ii) in clause (

o) by striking out "November 29 to

December 1" and substituting "December 1 to

December 3";

(

b) by repealing

section 7(1.01);

(

c) in Table 1A

(

i) by striking out

White-tailed

Deer

Antlered

S1 - N2

(Wed - Sat only)

N3 - N6

N10 - N13

N17 - N20

N24 - N27

102, 104, 106, 108,

1102, 112, 116, 118,

119, 124, 128, 130, 132,

134, 136, 138, 140, 142,

144, 148, 150, 151, 152,

156, 158, 160

S1 - O31

N1 - N30

162, 163, 164, 166

Antlerless

S1 - N2

(Wed - Sat only)

N3 - N61

N10 - N131

N17 - N201

N24 - N271

102, 106, 112, 116,

118, 119, 124, 128,

142, 144, 148, 150,

151, 152, 158, 160

S1 - O31

N1 - N301

162, 163, 164, 166

and substituting

White-tailed

Deer

Antlered

S1 - N1

(Wed - Sat only)

N2 - N5

N9 - N12

N16 - N19

N23 - N26

102, 104, 106, 108,

1102, 112, 116, 118,

119, 124, 128, 130, 132,

134, 136, 138, 140, 142,

144, 148, 150, 151, 152,

156, 158, 160

S1 - O31

N1 - N30

162, 163, 164, 166

Antlerless

S1 - N1

(Wed - Sat only)

N2 - N51

N9 - N121

N16 - N191

N23 - N261

102, 106, 112, 116,

118, 119, 124, 128,

142, 144, 148, 150,

151, 152, 158, 160

S1 - O31

N1 - N301

162, 163, 164, 166

(ii) by striking out

Mule Deer

Antlered

and

Antlerless

S1 - N2

(Wed - Sat only)

N3 - N61

N10 - N131

N17 - N201

N24 - N271

102, 106, 112, 116,

118, 119, 124, 128,

142, 144, 148, 150,

151, 152, 158, 160

S1 - O31

N1 - N301

162, 163, 164, 166

Antlered

S1 - N21

(Wed - Sat only)

N3 - N61

N10 - N131

N17 - N201

N24 - N271

104, 108, 1102, 130,

132, 134, 136, 138,

140, 156

Antlerless

S1 - N2

(Wed - Sat only)

N3 - N61

N10 - N131

N17 - N201

N24 - N271

104, 108, 110, 130,

132, 134, 136, 138,

140, 156

and substituting

Mule Deer

Antlered

and

Antlerless

S1 - N1

(Wed - Sat only)

N2 - N51

N9 - N121

N16 - N191

N23 - N261

102, 106, 112, 116,

118, 119, 124, 128,

142, 144, 148, 150,

151, 152, 158, 160

S1 - O31

N1 - N301

162, 163, 164, 166

Antlered

S1 - N11

(Wed - Sat only)

N2 - N51

N9 - N121

N16 - N191

N23 - N261

104, 108, 1102, 130,

132, 134, 136, 138,

140, 156

Antlerless

S1 - N1

(Wed - Sat only)

N2 - N51

N9 - N121

N16 - N191

N23 - N261

104, 108, 110, 130,

132, 134, 136, 138,

140, 156

(iii) by striking out

Elk

Antlered

and

Antlerless

Closed

S1 - S231

S24 - O81

O9 - O231

Closed

S1 - S301

O1 - O241

O25 - N161

N17 - D201

104, 108

Closed

S1 - S301

O1 - O241

O25 - N161

N17 - D201

J1 - J301

(124, 128, 142, 144,

148, 150)

Closed

O27 - 291

N4 - N61

N20 - N221

N28 - N301

J11 - J131

J19 - J211

J27 - J291

Antlerless

S1 - O31

N1 - J301

110, (132, 136, 138)

(162, 163, 164, 166)

(151, 152) (156, 158,

160)

Antlered

S1 - O31

N1 - J201

110, (132, 136, 138)

(162, 163, 164, 166)

(151, 152) (156, 158,

160)

and substituting

Elk

Antlered

and

Antlerless

Closed

S1 - S231

S24 - O81

O9 - O231

Closed

S1 - S301

O1 - O241

O25 - N161

N17 - D201

104, 108

Closed

S1 - S301

O1 - O241

O25 - N161

N17 - D201

J1 - J301

(124, 128, 142, 144,

148, 150)

Closed

O26 - O281

N3 - N51

N19 - N211

J10 - J121

J18 - J201

J26 - J281

Antlerless

S1 - O15

Closed

116, 118, 119

Antlered

S1 - O31

N1 - J301

110, (132, 136, 138)

(162, 163, 164, 166)

(151, 152) (156, 158,

160)

(

d) in Table 1B by striking out

Moose

Antlered

and

Antlerless

S1 - O311

N1 - N301

200, 202, 203, 204, 206,

208, 210, 214, 216, 220,

221, 222, 224, 226, 228,

230, 232, 234, 236, 238,

240, 242, 244, 246, 250,

252, 254, 256, 258, 260

S1- N30

Closed

212, 247, 248

Closed

D2 - N41, 3

D6 - D111

D13 - D181

728, 730

O17 - O311

N1 - N231

Antlered

and

Antlerless

S1 - O24

O25 - D71,4

and substituting

Moose

Antlered

and

Antlerless

S1 - O311

N1 - N301

200, 202, 203, 204, 206,

208, 210, 214, 216, 220,

221, 222, 224, 226, 228,

230, 232, 234, 236, 238,

240, 242, 244, 246, 250,

252, 254, 256, 258, 260

S1 - N30

Closed

212, 247, 248

Closed

D1 - D31, 3

D5 - D101

D12 - D171

728, 730

O17 - O311

N1 - N231

Antlered

and

Antlerless

S1 - O24

O25 - D71, 4

(

e) in Table 1C by striking out

Trophy Sheep

Resident

hunters

only

Closed

S8 - O31

3023, 303, 306, 308

and substituting

Trophy Sheep

Resident

hunters

only

Closed

S7 - O31

3023, 303, 306, 308

(

f) in Tables 1D and 1F by striking out "S8" wherever it

occurs and substituting "S7";

(

g) by adding the following after Table 1F:

Table 1G

Cougar Seasons

Species

SEASON

WMUs

Archery Only

General

Cougar

Closed

S1 - Ma311

Residents only

102-166, 200-210, 214-246, 250-260,

357-360, 500-504, 506, 508, 514,

518-544

Closed

A25 - N301

Residents only

412-446

Closed

D1 - Ma312

300, 302, 303, 304, 305, 306, 308,

310, 312, 314, 316, 318, 320, 322,

324, 326, 328, 330, 332, 334, 336,

337, 338, 339, 340, 342, 344, 346,

347, 348, 349, 350, 351, 352, 353,

354, 355, 356, 400, 402, 404, 406,

408, 412, 414, 416, 417, 418, 420,

422, 426, 428, 429, 430, 432, 434,

436, 437, 438, 439, 440, 441, 442,

444, 445, 446, 505, 507, 509, 510,

511, 512, 515, 516, 517

N1 - Ma311, 3

Closed

212, 247, 248

D1 - Ma312, 3

Closed

1 The use of dogs to hunt cougars is prohibited during this season.

2 From D1 - Ma31, hunters must call 1-800-661-3729 (toll free) prior to hunting each day to

determine if the season remains open.

3 Residents only are allowed to hunt during this season.

(

h) in Table 4

(

i) in item 1 by striking out "S8-N30" and

substituting "S7-N30";

(ii) in item 6 by striking out "S8-O31" and

substituting "S7-O31";

(iii) in item 11 by striking out "O18-O23" and

substituting "O17-O22";

(iv) in item 12 by striking out "S27-O2" and

substituting "S26-O1";

(

v) in item 15 by striking out "S30-O2, O4-O6" and

substituting "S29-O1, O3-O5";

(vi) in item 16 by striking out "O21-O23, O25-O27"

and substituting "O20-O22, O24-O26";

(vii) in item 17 by striking out "D2-D41, D6-D8,

D9-D11, D13-D15, D16-D18" and substituting

"D5-D71, D8-D10, D12-D14, D15-D17";

(viii) in item 20 by striking out "Tuesdays, Wednesdays,

Thursdays and Fridays only from N1-N6, N8-N13,

N15-N20, N22-N27" and substituting "O31-D33, 4";

(ix) by repealing item 22;

(

x) in item 23 by striking out "S8-O24, O25-D24,

D25-F21" and substituting "S7-O24, O25-D24,

D25-F21";

(xi) in item 35 by striking out "D2-D41, D6-D183" and

substituting "D1-D31, D5-D173";

(xii) by adding the following after footnote 3:

4 Excluding Saturdays for WMU 624

(

i) by repealing Table 6 and substituting the following:

Table 6

Game Bird Seasons and Bag Limits

(Sections 117 and 136(1)(

c) of this Regulation)

Species

Daily Limit

Possession Limit

WMUs

Season Date

Snow or Ross's Geese

50 combined

No limit

200-208, 216-260, 316-544,

841, 936

S1-D16/M15-Ju15

102-166, 210-214, 300-314

S1-D16/M15-Jul5

Canada or

White-fronted Geese

8 combined

24 combined

200-208, 216-260, 316-544,

841, 936

S1-D16

102-166, 210-214, 300-314

S8-D21

Ducks, Coots and

Wilson's Snipe

8(

a) each

24(

b) each

200-208, 216-260, 316-544,

841, 936

S1-D16

102-166, 210-214, 300-314

S8-D21

Sandhill Crane

200-208, 220, 222, 226-244,

247-260, 500

S1-D16

102-106, 112-166, 210

S8-D21

Male Pheasant

102-106, 112-166, 210

S1-J15

102-166, 300-312

O15-N30

404-410, 841, 936

S8-J15

Ruffed Grouse

102-402, 412-544

S1-J15

404-410, 841, 936

S8-J15

728, 730 (Camp Wainwright)

S4-S6

Spruce Grouse

102-402, 412-544

S1-J15

404-410, 841, 936

S8-J15

Sharp-tailed Grouse

102-246, 252-256, 300-314,

334, 400-402, 518-520, 524,

525, 528-542, 936

O1-O31

728, 730 (Camp Wainwright)

S3-S5

Ptarmigan

300-402, 412-544

S1-J15

404-410

S8-J15

Blue Grouse

300-342, 412-446

S1-J15

404-410

S8-J15

Gray Partridge

102-402, 412-544

S1-J15

S8-J15

Wild Turkey

1(c)

1(c)

300-308, 400, 402

Ma1-Ma31

Note: The following requirements apply with respect to this table:

(

a) of which not more than 2 ducks may be goldeneye for

non-resident aliens;

(

b) of which not more than 6 ducks may be goldeneye for

non-resident aliens;

(

c) may harvest with a special licence only.

--------------------------------

Alberta Regulation 113/2022

Environmental Protection and Enhancement Act

POTABLE WATER AMENDMENT REGULATION

Filed: June 10, 2022

For information only: Made by the Minister of Environment and Parks

(M.O. 26/2022) on June 7, 2022 pursuant to

section 153 of the Environmental

Protection and Enhancement Act.

1 The Potable Water Regulation (AR 277/2003) is amended

by this Regulation.

Section 1(1) is amended

(

a) in clause (f)

(

i) in subclause (

i) by striking out "or Interim

Maximum Acceptable Concentration, except for

fluoride,";

(ii) by adding "and" at the end of subclause (

i) and

by repealing subclause (ii);

(

b) by adding the following after clause (g):

(g.1) "micro waterworks system" means a waterworks system

that meets the standards and requirements established

by the Standards for Micro Waterworks Systems,

published by the Department, as amended or replaced

from time to time;

Section 4 is repealed and the following is substituted:

Design and installation standards

4(1) A waterworks system, other than a micro waterworks system,

must be designed in a manner that meets, as a minimum,

(

a) the standards and design requirements set out in the

Standards and Guidelines for Municipal Waterworks,

Wastewater and Storm Drainage Systems, published by the

Department, as amended or replaced from time to time, or

(

b) any other standards and design requirements specified by the

Director.

(2) A micro waterworks system must be installed in a manner that

meets, as a minimum,

(

a) the standards and requirements set out in the Standards for

Micro Waterworks Systems, published by the Department, as

amended or replaced from time to time, or

(

b) any other standards and requirements specified by the

Director.

(3) The design of a waterworks system or a portion of a waterworks

system, other than a micro waterworks system, must be stamped and

signed by the professional engineer who designed the system or

portion of the system.

(4) The installation of a micro waterworks system in accordance

with the standards and requirements referred to in subsection

(2) must be verified by a professional engineer, in the manner

established by the Department.

(5) The design of a water distribution system or a portion of a water

distribution system must

(

a) be designed in a manner that meets, as a minimum,

(

i) the standards and design requirements set out in the

Standards and Guidelines for Municipal Waterworks,

Wastewater and Storm Drainage Systems, published by

the Department, as amended or replaced from time to

time, or

(ii) any other standards and design requirements specified

by the Director,

and

(

b) be stamped and signed by the professional engineer who

designed the water distribution system or portion of the

system.

(6) Where a waterworks system, other than a micro waterworks

system,

(

a) was operating on the date this Regulation came into force and

did not meet the standards and design requirements referred

to in subsection (1)(a), or

(

b) does not meet a change made to the standards and design

requirements referred to in subsection (1)(

a) made after the

date this Regulation came into force,

subsection (1)(

a) does not apply to the waterworks system until the

date specified by the Director in a notice in writing given to a person

responsible for the waterworks system.

(7) Where a waterworks system that is being operated as a micro

waterworks system

(

a) on June 29, 2022, does not meet the standards and

requirements referred to in subsection (2)(a), or

(

b) does not meet a change made to the standards and

requirements referred to in subsection (2)(

a) made after June

29, 2022,

subsection (2)(

a) does not apply to the waterworks system until the

date specified by the Director in a notice in writing given to a person

responsible for the waterworks system.

(8) A person who receives a notice under subsection (6) or (7) shall

comply with the notice in accordance with its terms.

Section 6 is amended

(

a) in subsection (1)(

a) by striking out "or Interim

Maximum Acceptable Concentration";

(

b) by adding the following after subsection (2):

(2.1) Where a waterworks system

(

a) was operating on June 29, 2022,

(

b) was operating pursuant to a registration that was in

respect of an activity listed in clause (

a) or (

c) of

Division 5 of

Schedule 2 to the Activities Designation

Regulation (AR 276/2003), and

(

c) does not meet the Maximum Acceptable Concentration

for fluoride specified in the Guidelines for Canadian

Drinking Water Quality, published by Health Canada,

as amended or replaced from time to time,

the Maximum Acceptable Concentration for fluoride does not

apply to the waterworks system until the date specified by the

Director in a notice in writing given to a person responsible for

the waterworks system.

(

c) in subsection (3) by adding "or (2.1)" after

"subsection (2)".

Section 7 is repealed and the following is substituted:

Performance standards

7(1) A waterworks system must meet at least the minimum

waterworks performance standards set out in

(

a) the Standards and Guidelines for Municipal Waterworks,

Wastewater and Storm Drainage Systems, published by the

Department, as amended or replaced from time to time, or

(

b) in the case of a micro waterworks system, the standards and

requirements set out in the Standards for Micro Waterworks

Systems, published by the Department, as amended or

replaced from time to time.

(2) Where a waterworks system, other than a micro waterworks

system,

(

a) was operating on the date this Regulation came into force and

did not meet the standards referred to in subsection (1)(a), or

(

b) does not meet a change made to the standards referred to in

subsection (1)(

a) made after the date this Regulation came

into force,

subsection (1)(

a) does not apply to the waterworks system until the

date specified by the Director in a notice in writing given to a person

responsible for the waterworks system.

(3) Where a waterworks system that is being operated as a micro

waterworks system

(

a) on June 29, 2022, does not meet the standards referred to in

subsection (1)(b), or

(

b) does not meet a change made to the standards referred to in

subsection (1)(

b) made after June 29, 2022,

subsection (1)(

b) does not apply to the waterworks system until the

date specified by the Director in a notice in writing given to a person

responsible for the waterworks system.

(4) A person who receives a notice under subsection (2) or (3) shall

comply with the notice in accordance with its terms.

Section 8(

a) is amended by adding "American" before

"National Standards".

Section 9 is amended

(

a) in subsection (2) by striking out "In" and

substituting "Except in the case of a micro waterworks

system, in";

(

b) by adding the following after subsection (2):

(3) A micro waterworks system must ensure that an adequate

alternative water supply sufficient to meet demand for potable

water for an extended period is available at all times, in

accordance with the Standards for Micro Waterworks Systems,

published by the Department, as amended or replaced from time

to time.

Section 11 is amended

(

a) by renumbering

section 11 as

section 11(1);

(

b) in subsection (1) by striking out "Any" and

substituting "Except in the case of a micro waterworks

system, any";

(

c) by adding the following after subsection (1):

(2) In the case of a micro waterworks system, any failure or

equipment malfunction that may affect the quality of water

produced by the system, or any instance where the use of an

alternative water supply is likely to be greater than 7 days, must

be reported

(

a) to the Director, and

(

b) to the appropriate Regional Health Authority.

Section 17(2) is amended by adding "or" at the end of

clause (

f) and by repealing clause (g).

10 The following is added after

section 17:

Codes of practice

17.1(1) The following codes of practice are adopted pursuant to

section 38 of the Act and form part of this Regulation:

(

a) the Code of Practice for Waterworks Systems Using High

Quality Groundwater, published by the Department, as

amended or replaced from time to time;

(

b) the Code of Practice for a Waterworks System Consisting

Solely of a Water Distribution System, published by the

Department, as amended or replaced from time to time.

(2) A person who, pursuant to a registration, carries on an activity

referred to in Column A of the

Schedule shall comply with the

corresponding code of practice referred to in Column B of the

Schedule in the carrying on of that activity.

(3) Subsection (2) does not apply to a waterworks system that was

operating on October 1, 2003, until the date specified by the Director

in a notice in writing to the person advising the person that the code

of practice or part of the code of practice is to apply.

(4) The notice referred to in subsection (3) must specify

(

a) that all or part of the code of practice is to apply and if only

part is to apply, which part, and

(

b) the date on which all or part of the code of practice is to

apply.

(5) A person who receives a notice under subsection (3) shall

comply with the notice in accordance with its terms.

(6) Where subsection (2) does not apply to a waterworks system as a

result of the operation of subsection (3), the person shall comply

with the conditions specified in the most recent approval for the

waterworks system issued under the Act, until the date specified in

the notice referred to in subsection (3).

(7) Notwithstanding subsection (2), where the Director issues an

approval in respect of the activity pursuant to

section 6(3) of the

Activities Designation Regulation (AR 276/2003), the approval

holder

(

a) is not required to comply with the applicable code of

practice, and

Transitional - codes of practice

17.2 Where before the coming into force of the Activities

Designation Regulation (AR 276/2003) a person held an approval in

respect of an activity listed in

Schedule 2, Division 5 of that

Regulation,

(

a) that approval is deemed to be a registration for the purposes

of the Act, and

(

b) the deemed registration has no expiry date.

Section 18 is repealed.

Section 19 is amended by striking out "June 30, 2022"

and substituting "June 30, 2027".

13 The following is added after

section 20:

Schedule

Column A

Column B

Construction, operation or

reclamation of a waterworks

system identified in clause (

a) or

(

c) of

Schedule 2, Division 5 of

the Activities Designation

Regulation (AR 276/2003)

Code of Practice for Waterworks

Systems Using High Quality

Groundwater, published by the

Department, as amended or

replaced from time to time

Construction, operation or

reclamation of a waterworks

system identified in clause (

b) or

(

d) of

Schedule 2, Division 5 of

the Activities Designation

Regulation (AR 276/2003),

except a water distribution system

serving a development that is

located on land that is included in

a condominium plan registered

under the Land Titles Act, where

the development is located in and

receives its potable water from a

city, town, specialized

municipality, village, summer

village, hamlet or settlement area

as defined in the Metis

Settlements Act

Code of Practice for a

Waterworks System Consisting

Solely of a Water Distribution

System, published by the

Department, as amended or

replaced from time to time

14 This Regulation comes into force on June 29, 2022.

--------------------------------

Alberta Regulation 114/2022

Environment Protection and Enhancement Act

ACTIVITIES DESIGNATION AMENDMENT REGULATION

Filed: June 10, 2022

For information only: Made by the Minister of Environment and Parks

(M.O. 27/2022) on June 7, 2022 pursuant to

section 85 of the Environment Protection

and Enhancement Act.

1 The Activities Designation Regulation (AR 276/2003) is

amended by this Regulation.

Section 2(4)(

b) is amended

(

a) in subclause (

i) by striking out "or Interim Maximum

Acceptable Concentration, except for fluoride,";

(

b) by adding "and" at the end of subclause (

i) and by

repealing subclause (ii).

Section 3(4)(

b) is amended

(

a) in subclause (

i) by striking out "or Interim Maximum

Acceptable Concentration, except for fluoride,";

(

b) by adding "and" at the end of subclause (

i) and by

repealing subclause (ii).

4 This Regulation comes into force on June 29, 2022.

--------------------------------

Alberta Regulation 115/2022

Highways Development and Protection Act

HIGHWAYS DEVELOPMENT AND PROTECTION

AMENDMENT REGULATION

Filed: June 10, 2022

For information only: Made by the Minister of Transportation (M.O. 26/22) on June

7, 2022 pursuant to sections 13 and 61 of the Highways Development and Protection

Act.

1 The Highways Development and Protection Regulation

(AR 326/2009) is amended by this Regulation.

Section 5 is amended by adding the following after

subsection (3):

(4) This

section does not apply to a development in a rest area as

defined in

section

Section 31 is amended

(

a) by repealing subsection (1) and substituting the

following:

Leasing of unused and closed highways

31(1) In this

section and

section 32,

(a) "rest area" means an area that

(

i) is part of or adjacent to a highway,

(ii) is on land owned by the Crown in right of Alberta,

and

(iii) is used or will be used for any of the following:

(

A) washrooms, parking, outdoor seating, indoor

seating, small playgrounds and other

amenities related to highway travel;

(

B) the retail sale of goods and services primarily

related to highway travel, including fuel

stations, restaurants and convenience stores;

(b) "unused or closed highway" means a highway or a

portion of a highway referred to in

section 61(

b) of the

Act that is under the direction, control and management

of the Minister.

(

b) by adding the following after subsection (2):

(3) The Minister may lease an unused or closed highway in a

rest area to a person for any of the following:

(

a) washrooms, parking, outdoor seating, indoor seating,

small playgrounds and other amenities related to

highway travel;

(

b) the retail sale of goods and services primarily related to

highway travel, including fuel stations, restaurants and

convenience stores.

Section 32 is amended

(

a) by repealing subsection (2)(

a) and (

b) and

substituting the following:

(

a) describes the location of the unused or closed highway,

(

b) describes the proposed agricultural use or the proposed

rest area use, and

(

c) contains any other information specified by the

Minister.

(

b) in subsection (4) by striking out "a lease" and

substituting "an agricultural lease".

5 The following is added after

section 38:

Expiry

39 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on June 1, 2025.

--------------------------------

Alberta Regulation 116/2022

Geothermal Resource Development Act

GEOTHERMAL RESOURCE DEVELOPMENT RULES

Filed: June 13, 2022

For information only: Made by the Alberta Energy Regulator on May 19, 2022

pursuant to

section 26 of the Geothermal Resource Development Act.

Table of Contents

Part 1

Interpretation

Interpretation

2 Resident defined

3 Directives

Part 2

Applications, Licences,

Security and Variances

4 Application for approval or discharge of agent

5 Exemption from requirement to appoint agent

6 Licence eligibility requirements

7 Application for well licence

8 Application for facility licence

9 Application to change authorized purpose of well

10 Transfer of licence

11 Security for wells and facilities

12 Directives re licensee assessment, licensee

management, liability and security

13 Variances

Part 3

Geothermal Operations

Drilling, Completing, Servicing

and Other Operations

14 Approval of certain operations

15 Emergency variation or departure from program

16 Approval of injection or disposal

17 Approval of commingling of formation fluids

18 Advising field centre on commencement of drilling

19 Deviation and directional surveys

20 Removal of rig

21 Control of encountered fluids

22 Licence specifications

23 Minimum casing requirements

24 Surface casing requirements

25 Intermediate casing

26 Hydraulic fracturing operations

27 Use of high vapour pressure hydrocarbons

28 Casing cementing requirement

29 Annulus between casing

30 Tubing requirement

31 Recovered casing

32 Use of isolation packer

33 Surface and subsurface equipment

34 Testing, reports and repair requirements

35 Risk assessment, monitoring, mitigation and response

Drilling and Operations

Near Underground Mines

36 Drilling within 3 km of underground mine

37 Requirement for pillar in coal seam

38 Hole diameter requirements in coal seam

39 Decision of Regulator final

Signage

40 Posting of licence and amendments

41 Posting of entrance and wellhead signs

Emergency Preparedness and Response

Definitions

43 Preparation of corporate ERP

44 Preparation of ERP in respect of sour well

45 ERP update, training and emergency response

Storage

46 Use of earthen structures or excavations

47 Storage of materials

48 Venting of relief devices to open tank

Prevention of Spills or Releases

49 Equipment

50 Control of spills or releases from well or facility

51 Spill during transport from well or facility

52 Spill response contingency plans and training

53 Wells or facilities closer than 100 m to water

54 Abandonment of source of serious water pollution

Air Emissions Management

55 Compliance with Directive 060

56 Burning at a well or facility

57 Equipping wells if samples > 50 mol/kmol H2S gas

58 Flaring at well producing H2S gas

59 Wells where > 10 mol/kmol H2S gas present

60 Facilities where > 10 mol/kmol H2S gas present

61 Pumping well with potential to flow H2S to atmosphere

Waste

62 Management of oilfield waste

63 Management of drilling waste

64 Alternative management of waste

Blowout Prevention

65 Blowout prevention requirements

66 Drilling and servicing inspections

Fire Hazards, Exhaust and Smoking

67 Fire risks

68 Operation of vehicles near wellhead

69 Smoking

Fencing

70 Fencing of facility

71 Marking and fencing of well

Miscellaneous

72 Conservation

73 Detection of hydrocarbons in production fluids

74 Noise

75 Participant involvement

Part 4

Well Sampling, Testing,

Records and Reports

Sampling and Submission of Well Data

76 Submission of well data

77 Well tests, analyses, surveys, reports and logs

78 Analysis of reservoir fluids

79 Drillstem tests

80 Samples of drill cuttings

81 Core samples

82 Submission of core reports

83 Submission of well logs

Measurement

84 Calibration of instruments

85 Metering errors

86 Measurement of injection wells

87 Measurement requirements in Directive 089

Record, Reports and Confidentiality

88 Records and reports of well operations

89 Records of status of well

90 Record of production

91 Records under Directive 076

92 Report of fire

93 Report of casing leak or failure

94 Financial information

95 Confidentiality

Part 5

Suspension, Abandonment and Closure

96 Suspension of wells

97 Abandoned wells

98 Abandonment operations

99 Closure quotas

100 Regulator request for closure plans

101 Eligible requesters request for closure plan

102 Application for determination of costs

103 Abandonment of well drilled through coal

Part 6

General

104 Fees

105 Service of notice of garnishment

106 Forwarding garnished money or revenue

107 Service of notices

108 Expiry

109 Coming into force

Schedules

Part 1

Interpretation

Interpretation

1(1) In these Rules

(a) "applicant" means an applicant for a licence for a well or a

facility under the Act;

(b) "closed-loop well" means a well that is expected to have zero

fluid injection and zero fluid production from a zone when

fluids are circulated within the wellbore;

(c) "closure" means the phase of the energy resource

development life cycle that involves the permanent end of

operations including the abandonment and reclamation of

wells, facilities, well sites and facility sites;

(d) "Designated Information Submission System" means the

online data submission process established by the Regulator;

(e) "drilling waste" means the mud and cuttings generated from

drilling a well;

(f) "energy resource" means energy resource as defined in the

Responsible Energy Development Act;

(g) "observation well" means a well used to monitor downhole

temperature or pressure;

(h) "OGCA facility" means a facility licensed under the Oil and

Gas Conservation Act;

(i) "OGCA well" means a well licensed under the Oil and Gas

Conservation Act;

(j) "oilfield waste" means an unwanted substance or mixture of

substances that results from the construction, operation,

abandonment or reclamation of a well, facility, well site or

facility site, but does not include an unwanted substance or

mixture of substances from such a source that is received for

storage, treatment, disposal or recycling at a facility that is

regulated by the Department of Environment and Parks;

(k) "open-loop well" means a well that is used to inject fluids

into a zone or produce fluids from a zone;

(l) "underground mine" means an excavation and the associated

infrastructure used to extract a mineral from the subsurface

without removing the overburden.

(2) A decision of the Regulator is final as to whether a definition in

subsection (1) is applicable in a particular case.

Resident defined

2 For the purposes of

section 20 of the Act and these Rules,

(

a) a licensee who is an individual is resident in a jurisdiction if

the individual makes the individual's home in and is

ordinarily present in that jurisdiction, and

(

b) a licensee that is a corporation is resident in a jurisdiction if a

director or officer of the corporation or a person employed or

retained to provide services to the corporation makes their

home in that jurisdiction, is ordinarily present in that

jurisdiction and is authorized to

(

i) make decisions respecting a licence for a well or facility

issued by

(

A) the regulatory authority in that jurisdiction, or

(

B) in the case of Alberta, the Regulator,

(ii) operate the well or facility, and

(iii) implement directions from the regulatory authority or,

in the case of Alberta, the Regulator, relating to the well

or facility.

Directives

3 In these Rules a reference to one of the following directives means

a reference to that directive as published by the Regulator and

amended from time to time:

(

a) Directive 001: Requirements for Site Specific Liability

Assessments in Support of the ERCB's Liability

Management Programs;

(

b) Directive 007: Volumetric and Infrastructure Requirements;

(

c) Directive 008: Surface Casing Depth Requirements;

(

d) Directive 009: Casing Cementing Minimum Requirements;

(

e) Directive 010: Minimum Casing Design Requirements;

(

f) Directive 013: Suspension Requirements for Wells;

(

g) Directive 017: Measure Requirements for Oil and Gas

Operations;

(

h) Directive 020: Well Abandonment;

(

i) Directive 036: Drilling Blowout Prevention Requirements

and Procedures;

(

j) Directive 037: Service Rig Inspection Manual;

(

k) Directive 038: Noise Control;

(

l) Directive 040: Pressure and Deliverability Testing Oil and

Gas Wells;

(

m) Directive 050: Drilling Waste Management;

(

n) Directive 055: Storage Requirements for the Upstream

Petroleum Industry;

(

o) Directive 058: Oilfield Waste Management Requirements for

the Upstream Petroleum Industry;

(

p) Directive 059: Well Drilling and Completion Data Filing

Requirements;

(

q) Directive 060: Upstream Petroleum Industry Flaring,

Incinerating and Venting;

(

r) Directive 67: Eligibility Requirements for Acquiring and

Holding Energy Licences and Approvals;

(

s) Directive 068: ERCB Security Deposits;

(

t) Directive 071: Emergency Preparedness and Response

Requirements for the Petroleum Industry;

(

u) Directive 076: Operator Declaration Regarding Measurement

and Reporting Requirements;

(

v) Directive 079: Surface Development in Proximity to

Abandoned Wells;

(

w) Directive 080: Well Logging;

(

x) Directive 083: Hydraulic Fracturing - Subsurface Integrity;

(

y) Directive 087: Well Integrity Management;

(

z) Directive 089: Requirements for Geothermal Resource

Development.

Part 2

Applications, Licences,

Security and Variances

Application for approval or discharge of agent

4 An application for the approval of an agent or for consent to

discharge an agent must be made in the form established for that

purpose by, and obtainable from, the Regulator.

Exemption from requirement to appoint agent

5(1) In this section, "mutual recognition agreement" means a valid

and subsisting agreement made between the Minister and a regulatory

authority of another jurisdiction for the purpose of recognizing

substantial regulatory equivalency and enabling reciprocity between

Alberta and that jurisdiction.

(2) The Regulator, on application, may grant an exemption from the

requirement under

section 20 of the Act to appoint an agent if the

licensee applying for the exemption

(

a) is resident in a jurisdiction outside Alberta that is a party to a

mutual recognition agreement and is subject to the authority

of the regulatory authority in that jurisdiction,

(

b) is in compliance with all applicable legislation in Alberta and

in the jurisdiction in which the licensee is resident and all

applicable directives, orders, decisions, directions and other

instruments of the regulatory authority referred to in clause

(

a) and of the Regulator,

(

c) provides evidence satisfactory to the Regulator that the

licensee meets, and during the time the licence or approval is

in effect will continue to meet, the requirements set out in

subsection (3), and

(

d) agrees to attorn to the jurisdiction of Alberta with respect to

all matters, obligations and liabilities pertaining to licences

and approvals issued by the Regulator.

(3) An exemption under subsection (2) is subject to the condition that,

in substitution for the requirements of

section 20(2) of the Act, the

licensee must have

(

a) sufficient numbers of individuals who are trained and

competent to

(

i) carry out operations relating to a well or facility, as the

case may be, in compliance with the requirements of all

applicable legislation and all applicable directives,

orders, decisions, directions and other instruments of the

Regulator, and

(ii) respond sufficiently to incidents and emergencies,

and

(

b) representatives at a well site during any drilling, completion,

stimulation, servicing and abandonment operations at the

well site who are authorized to make decisions respecting all

aspects of those operations.

(4) An exemption under subsection (2) ceases to have effect

immediately on

(

a) the licensee ceasing to meet a requirement referred to in

subsection (2)(a), (

b) or (d), or

(

b) the Regulator determining that it is no longer satisfied that

the licensee meets or will continue to meet the requirements

set out in subsection (3).

Licence eligibility requirements

6(1) No person may acquire or hold a licence unless the person meets

the licence eligibility requirements set out in Directive 067 and

Directive 089, and in the case of a corporation, is

(

a) registered, with an active status, under the Business

Corporations Act,

(

b) incorporated by or under

an Act of the Legislature, other than

the Business Corporations Act, and approved by the

Regulator as a corporation that may acquire or hold a licence,

(

c) incorporated under the Bank Act (Canada),

(

d) a railway company incorporated under

an Act of the

Parliament of Canada,

(

e) registered under the Loan and Trust Corporations Act, or

(

f) an insurer licensed under the Insurance Act.

(2) If an applicant meets the licence eligibility requirements of

Directive 067 and Directive 089 to the satisfaction of the Regulator,

the Regulator may grant licence eligibility subject to any restrictions,

terms or conditions the Regulator considers appropriate.

(3) If an applicant does not meet the licence eligibility requirements of

Directive 067 and Directive 089 to the satisfaction of the Regulator,

the Regulator may refuse to grant licence eligibility.

(4) The Regulator may revoke or restrict the licence eligibility of an

applicant if the applicant fails to acquire licences under the Act within

a year of the day of the licence eligibility being granted by the

Regulator.

(5) A licensee must continue to meet the licence eligibility

requirements of Directive 067 and Directive 089 to the satisfaction of

the Regulator.

(6) The Regulator may restrict a licensee's eligibility to hold a licence

if the licensee does not meet the licence eligibility requirements of

Directive 067 to the satisfaction of the Regulator.

Application for well licence

7 An application for a licence for a well, or amendment of a licence

for a well, must be made in accordance with Directive 089.

Application for facility licence

8 An application for a licence for a facility, or for an amendment to a

licence for a facility, must be made in accordance with Directive 089.

Application to change authorized purpose of well

9(1) If a licensee intends to change the authorized purpose of the

licensee's well under this Act to a purpose authorized under the

Oil and Gas Conservation Act, the licensee must apply to the

Regulator to amend the licence to change the authorized purpose of the

well.

(2) An application to amend a licence to change the authorized

purpose of the well must be made in accordance with Directive 089

and as directed by the Regulator.

Transfer of licence

10(1) A transfer of a licence is not effective unless this

section is

complied with.

(2) An application for a transfer of a licence must be made in

accordance with Directive 089 and submitted through the Designated

Information Submission System.

(3) If the Regulator directs the transfer of a licence under

section 9(5)

of the Act, the person to whom the licence is so transferred must pay

the Regulator the fee set out in

Schedule 1.

(4) If a licensee of one or more wells changes its name or

amalgamates with another company that results in a change of name,

the licensee must submit certificates of proof satisfactory to the

Regulator.

Security for wells and facilities

11(1) The Regulator may require an applicant for a licence or for an

amendment of a licence to provide a security deposit before issuing or

amending the licence.

(2) The Regulator may require a licensee, or an applicant for a transfer

of a licence who is not a licensee, to provide a security deposit

(

a) before approving a transfer of a licence,

(

b) at any time where the Regulator considers it appropriate to do

so to offset the estimated costs of suspending, abandoning or

reclaiming a well, facility, well site or facility site,

(

c) at any time where the Regulator considers it appropriate to do

so to offset the estimated costs of providing care and custody

for a well, facility, well site or facility site, and

(

d) at any time where the Regulator considers it appropriate to do

so to offset the estimated costs of carrying out any other

activities necessary to ensure the protection of the public and

the environment.

(3) The Regulator may require a security deposit to be provided, and

may administer a security deposit, on either of the following bases and

may convert a security deposit from one basis to the other:

(

a) relative to a particular well, facility, well site or facility site;

(

b) relative to the operations of the licensee generally.

(4) If the Regulator determines that a security deposit currently held

by the Regulator is inadequate for the purposes provided for in

subsection (2), the Regulator may require the licensee to provide any

additional amounts that the Regulator considers necessary.

(5) A security deposit must be in one of the following forms, as

determined by the Regulator:

(

a) cash;

(

b) an irrevocable letter of credit in a form acceptable to the

Regulator;

(

c) another form of security acceptable to the Regulator.

(6) The Regulator may require that a security deposit be provided in

one payment or in portions in the amounts and at the times specified by

the Regulator.

(7) If a licensee fails to meet an obligation or carry out an activity in

respect of which the security deposit was provided, the Regulator may,

(

a) in the case of a cash security deposit, apply all or part of the

security deposit held in the name of the licensee and any

earned interest towards the costs required to meet the

obligation or carry out the activity,

(

b) in the case of a security deposit in the form of a irrevocable

letter of credit, cash the irrevocable letter of credit and apply

any or all of the cash towards the costs required to meet the

obligation or carry out the activity, or

(

c) in the case of another form of security, call on the security

and apply any or all of the funds towards the costs required to

meet the obligation or carry out the activity.

(8) If a person other than the licensee does anything for the purposes

of meeting the obligation or carrying out the activity in respect of

which the security deposit was provided, the Regulator may distribute

any or all of the security deposit to that person for that purpose.

(9) On the request of a licensee, the Regulator must return a security

deposit, together with any earned interest, where the Regulator is

satisfied that the licensee

(

a) has fully met all of the obligations and carried out all of the

activities in respect of which the security deposit was

provided, and

(

b) has met the other eligibility requirements of the Regulator for

a full refund of the security deposit.

(10) On the request of a licensee, the Regulator may return part of a

security deposit where the Regulator is satisfied that the licensee

(

a) has partially met the obligations and carried out the activities

in respect of which the security deposit was required, and

(

b) has met the other eligibility requirements of the Regulator for

a partial refund of the security deposit.

Directives re licensee assessment, licensee

management, liability and security

12(1) A licensee must comply with information requirements set out

in Directive 089 in respect of licensee assessments and licensee

management.

(2) A licensee must comply with the requirements set out in Directive

001 and Directive 089 in respect of liability assessments and Directive

068 and Directive 089 in respect of security deposits, as applicable.

Variances

13(1) An applicant or licensee may, in accordance with Directive 089,

apply for a variance from a requirement in these Rules related to

licences, wells or facilities that is specified in that Directive.

(2) The Regulator may approve the variance, with any conditions the

Regulator considers appropriate.

Part 3

Geothermal Operations

Drilling, Completing, Servicing and Other Operations

Approval of certain operations

14(1) The licensee of a well must apply for and obtain the permission

of the Regulator before performing any of the following operations, or

causing or permitting them to be performed:

(

a) suspend normal drilling operations;

(

b) resume drilling operations after a previous completion,

suspension or abandonment of the well;

(

c) abandon or plug back the well with a mechanical well bore

problem;

(

d) undertake remedial operations for the purposes of eliminating

a vent flow or gas migration in accordance with Directive

087;

(

e) undertake remedial operations for the purposes of eliminating

a leaking, open-hole abandonment.

(2) An application under subsection (1) must be made in the manner

directed by the Regulator.

(3) The Regulator may vary a program approved or alter a condition

prescribed in an approval granted under this section.

(4) If an operation approved under this

section will deepen a well

beyond the formation authorized by the well licence, the Regulator

must amend the licence accordingly.

(5) The Regulator may first give orally an approval required under this

section.

Emergency variation or departure from program

15 In case of an emergency in which an immediate departure from or

variation in a program of operations approved or prescribed by the

Regulator is necessary, the departure or variation may be made to the

extent that it is necessary, and the licensee must immediately advise

the Regulator by the quickest effective means and must further report

to the Regulator as directed.

Approval of injection or disposal

16(1) No scheme for the injection or disposal of any fluid or other

substance to an underground formation through a well may be

proceeded with unless the Regulator has approved the scheme under

prescribes.

(2) All fluid produced at a well or facility must be injected or disposed

of in accordance with a scheme approved by the Regulator under

subsection (1).

(3) A licensee may not inject reservoir fluids into a formation that is

different from the formation from which the reservoir fluids were

produced unless approved by the Regulator.

Approval of commingling of formation fluids

17(1) Unless approved by the Regulator, a licensee may not inject

into, or produce fluids out of, multiple formations without segregation

in the well bore.

(2) The Regulator may, on application, approve injection or

production without segregation in the well bore, where the Regulator is

satisfied that it is appropriate in the circumstances.

(3) An application for commingling of formation fluids must be made

as directed by the Regulator.

Advising field centre on commencement of drilling

18 On commencement of the drilling of a well the licensee must,

within 12 hours or as otherwise arranged with the Regulator, advise the

appropriate field centre of the Regulator.

Deviation and directional surveys

19(1) Unless the Regulator otherwise directs in writing, the licensee

of a well must make tests during drilling or cause tests to be made

during drilling at depth intervals not exceeding 150 m, for the purpose

of ascertaining to what extent the well deviates from the vertical.

(2) The licensee must, immediately on making a directional survey,

send to the Regulator the report of the survey.

(3) The Regulator may order the licensee to make any further

deviation or directional surveys that the Regulator considers necessary,

and may give directions as to the manner in which such tests or

surveys must be made.

Removal of rig

20(1) The licensee of a well may not remove or cause or permit to be

removed the rig, derrick or other equipment from a well without first

obtaining written approval of the Regulator, unless the licensee has

(

a) completed the well in accordance with the licence, or

(

b) suspended operations or abandoned the well in accordance

with the approval of the Regulator under

section 14.

(2) The Regulator may first give orally an approval required by this

section.

Control of encountered fluids

21 The licensee of a well must, at all times during which the well is

being drilled, tested, completed or reconditioned,

(

a) conduct operations, and

(

b) maintain casing and control equipment

so that any oil, gas or water encountered is effectively controlled.

Licence specifications

22 The licensee of a well must comply with any specifications

stipulated in the licence for the well and with any further equipment

specifications that the Regulator, after consultation with the licensee,

may from time to time stipulate.

Minimum casing requirements

23(1) The licensee of a well must case it in a manner prescribed by

the Regulator in Directive 010 and Directive 089.

(2) Notwithstanding subsection (1), the Regulator may, on application

by the licensee of a well,

(

a) consider and approve the use of a casing engineered to an

alternative standard, or

(

b) if the Regulator is satisfied that in the particular

circumstances casing is not required, dispense with the

requirement to case the well.

Surface casing requirements

24(1) The licensee must set surface casing and meet requirements as

prescribed in Directive 008 and Directive 089.

(2) Where the required surface casing setting depth is less than

(a) 180 m, or

(

b) the base of groundwater protection depth,

the casing string next to the surface casing must be cemented full

length.

(3) Notwithstanding any other provision, for any specific well or area,

the Regulator may prescribe and require the licensee of the well to

ensure that the surface casing is installed at any greater or lesser depth

that the Regulator considers appropriate in the circumstances.

(4) The licensee must ensure that the surface casing is cemented full

length before drilling more than 10 m beyond the casing setting depth.

(5) Notwithstanding the surface casing exemptions set out in Directive

008, the licensee of a closed-loop well must have the surface casing

completed to the base of ground water protection.

Intermediate casing

25 The licensee of a well may not drill beyond a depth of 3600 m

without first setting intermediate casing unless the Regulator is

satisfied that the casing is not required.

Hydraulic fracturing operations

26 If a well is hydraulically fractured, the licensee of the well must

comply with Directive 083 and Directive 089.

Use of high vapour pressure hydrocarbons

27(1) In this

section "high vapour pressure hydrocarbon" means any

hydrocarbon and stabilized hydrocarbon mixture with a Reid vapour

pressure greater than 14 kPa.

(2) Where the licensee of a well uses a high vapour pressure

hydrocarbon in an operation at a well other than in the hydraulic

fracturing of a formation, the licensee must comply with the following:

(

a) no open tanks may be used for storing, gauging or measuring the

pumping rate;

(

b) a minimum distance of 50 m must be maintained between the

wellhead and the storage tank;

(

c) positive shut-off valves must be installed between the tank

and the pump and between the pump and the wellhead;

(

d) a check valve must be installed between the pump and the

well to prevent backflow from the well;

(

e) all surface lines downstream from the pump must be pressure

tested to 10 000 kPa above the anticipated maximum

pressure to be encountered;

(

f) no significant wastage may occur.

(3) Unless approved by the Regulator, high vapour pressure

hydrocarbons must not be used for the purpose of hydraulically

fracturing a formation.

Casing cementing requirement

28 The licensee must cement casing as required by Directive 009

unless the Regulator

(

a) exempts the licensee from the requirements, or

(

b) prescribes another method for cementing the casing

for a particular well or area.

Annulus between casing

29(1) The licensee of a well must leave the annulus between the 2nd

casing string and the surface casing open to the atmosphere in the

manner described in subsection (2).

(2) Subject to any other specifications that the Regulator may

prescribe in a particular case, the licensee of a well must vent the

annulus by a line that

(

a) has a minimum diameter of 50 mm,

(

b) extends at least 60 cm above ground level,

(

c) terminates so that any flow is directed either in a downward

direction or parallel to the ground, and

(

d) is equipped with a valve where the hydrogen sulphide

concentration in a representative sample of gas from the well

is found to exceed 50 mol/kmol.

(3) The working pressure rating in kPa of all parts of the surface

casing vent must be at least 25 times the numerical equivalent of the

surface casing depth in metres required.

(4) The Regulator may exempt a well from the requirements of this

section in accordance with Directive 087 where, in the opinion of the

Regulator, the circumstances warrant the exemption.

(5) Wells that are exempt from surface casing requirements under

Directive 008 are exempt from the requirements of subsections (1) to

(3).

Tubing requirement

30(1) All production from or injection to a well, except for a closed-

loop well, must be through tubing.

(2) The Regulator may, on application by the licensee, exempt a well

from the requirements of subsection (1) where, in the opinion of the

Regulator, the circumstances warrant the exemption.

(3) A licensee applying for an exemption under subsection (2) must

demonstrate that the measures the licensee has taken to reduce the risk

of escape of fluids resulting from corroded materials are adequate.

Recovered casing

31 No casing recovered from a well may be run as intermediate or

production casing unless it has been tested in a manner satisfactory to

the Regulator and shown to meet the Regulator's requirements.

Use of isolation packer

32(1) Before any fluid other than potable water is injected to a

subsurface formation through a well the licensee must

(

a) set an isolation packer in the well as closely above the

injection interval as is practicable, and

(

b) fill the space between the tubing and outer steel casing with a

non-corrosive, corrosion-inhibited liquid,

but the Regulator, on application and in writing, may relieve the

licensee from any requirement of this subsection.

(2) If a well is equipped with an isolation packer as required by

subsection (1), the licensee must report test results in accordance with

Directive 087.

(3) If requested by the Regulator, the licensee must submit

(

a) evidence to show, to the satisfaction of the Regulator, that the

liquid between the tubing and casing is isolated from the

fluid being injected, and

(

b) the data that substantiates the isolation.

Surface and subsurface equipment

33(1) The surface and subsurface equipment of a completed well must

be arranged so as to permit the ready measurement of the tubing

pressure, production casing pressure, surface casing pressure and

bottom hole pressure, and permit any reasonable test required by the

Regulator except insofar as a completion technique approved by the

Regulator precludes such measurement or test.

(2) The surface equipment must include such valve connections as are

necessary to sample the fluids produced except insofar as a completion

technique approved by the Regulator precludes such connections.

(3) The licensee of a well, on completion of the well and on any

subsequent alteration, must keep and make readily available to the

Regulator an accurate and detailed description of all subsurface

equipment and its location in the well.

Testing, reports and repair requirements

34(1) A licensee must test, report and repair packer isolation, vent

flows, gas migrations and casing failures for all open-loop wells in

accordance with Directive 087.

(2) A licensee must test, report and repair vent flows, gas migrations

and casing failures in accordance with Directive 087 for all closed-

loop and observation wells.

Risk assessment, monitoring, mitigation and response

35 A licensee must meet the requirements in Directive 089 related to

risk assessment, monitoring, mitigation and response.

Drilling and Operations

Near Underground Mines

Drilling within 3 km of underground mine

36(1) Subject to subsection (2), no person may drill within 3 km of an

underground mine that is not abandoned or within 400 m of an

underground mine that is abandoned unless the person complies with

sections 37 and 38.

(2) The Regulator may, in writing,

(

a) grant relief from any of the provisions of sections 37 and 38,

(

b) direct, in a particular case, a change in any of the provisions

section 37.

(3) The Regulator, in a particular case, may require compliance with

sections 37 and 38 by a person drilling at a greater distance than

stipulated in subsection (1) from an underground mine, and in such a

case sections 37 and 38 are deemed to apply to such a drilling

operation.

Requirement for pillar in coal seam

37 No person may drill a well through a coal seam in which

subsurface mining has been undertaken unless there can be left

surrounding the well bore a pillar of coal of a radius measured from the

well bore of 400 m, unless permission in writing is obtained from the

Regulator, subject to whatever direction the Regulator makes for the

drilling, completion and abandonment of the well.

Hole diameter requirements in coal seam

38(1) If a well is drilled through a seam of coal within 3 km of an

underground mine that is not abandoned or within 400 m of an

abandoned underground mine, the diameter of the hole to a depth of at

least 50 m below the base of the lowest workable coal seam must be at

least 90 mm larger than the diameter of the first casing string to be set

through the coal.

(2) The first casing string in the well to be set through the coal must

(

a) new,

(

b) equipped with suitable float equipment and a positive means

of insuring that the cement in the casing is not displaced from

the bottom 10 m of the casing string,

(

c) assembled with the lowest 2 lengths of casing fastened

together by a suitable thread bonding material or other

equivalent means,

(

d) run and set at a point at least 50 m below the base of the

lowest workable coal seam, and

(

e) equipped with suitably located centralizers and scratchers on

the lowest length of casing and both above and below each

coal seam.

(3) If the distance between coal seams is less than 15 m, not more than

one centralizer and 3 scratchers are required for each 15 m of casing.

(4) The licensee must

(

a) cement the well's first casing string to be set through the coal

as required by subsection (2) from bottom to top by the

circulation method with cement containing a proportion of

accelerator of not more than 0.04 t per t or other proportion

as the Regulator may approve for a particular well or area,

(

b) have a survey made before the shoe of the casing is drilled

out, if cement returns are not received at the surface, to

determine to the satisfaction of the Regulator the position of

the top of the cement, and

(

c) take such action following a survey under clause (

b) to re-

cement as the Regulator may require.

(5) The cement at the shoe of the casing string set through the coal

may not be drilled out until 24 hours after the completion of cementing

or such longer length of time as the Regulator may require in a

particular case.

(6) If the lowest workable coal seam is below prudent surface casing

depth, the Regulator may require that the surface casing be set at a

shallower depth and that

(

a) an intermediate string be run, to which subsections (1) to

(5) must apply, or

(b) subsections (1) to (4) must apply to the part of the hole and

the production casing extending from the shoe of the first

casing string to 50 m below the base of lowest workable coal

seam.

(7) If a subsequent string of casing is run

(

a) its equipment must include an approved type of float shoe or

collar and an adequate program of centralizers and

scratchers,

(

b) it must be cemented in compliance with the conditions

prescribed by the Regulator,

(

c) the upper 150 m of cement around the casing must contain

not more than 0.03 t per t additives and the remainder of the

cement must develop not less than the minimum 24-hour

strength specified by the Regulator,

(

d) the licensee must, before any testing or producing of the well,

have a temperature or other approved survey made to

determine the fill up of cement that, if it is a temperature

survey, must be made within 24 hours of the placement of

cement,

(

e) if the cement does not reach the required level, the licensee

immediately must advise the Regulator and take such action

to re-cement as the Regulator may require, and

(

f) the cement may not be drilled out until at least 24 hours after

the completion of cementing.

(8) The licensee must notify the Regulator through its appropriate area

office of an intention to cement any casing string or to run plugs at

least 12 hours before commencing such operations and may not

proceed with such operations until a representative of the Regulator is

present to inspect the casing and witness the cementing.

(9) If in the Regulator's opinion special circumstances are present, the

Regulator may alter the requirements of subsections (1) to (7) or

specify other requirements or provisions that the Regulator considers

necessary.

Decision of Regulator final

39 For the purposes of sections 36 to 38, the decision of the

Regulator as to

(

a) whether an underground mine is or is not abandoned, or

(

b) whether a coal seam is workable

is final.

Signage

Posting of licence and amendments

40 During drilling operations, the licensee of a well must post and

keep prominently displayed at the well site a duplicate of the licence

for the well, together with a duplicate of any amendments to the

licence.

Posting of entrance and wellhead signs

41(1) The licensee of a well must identify a well and the licensee of a

facility must identify a facility by the use of a conspicuous sign erected

at the primary entrance to the well or facility that indicates

(

a) the name and telephone number of the licensee, and

(

b) the legal description of the surface location of the well or

facility.

(2) Subsection (1) does not apply to a licensee of a well during drilling

and initial completion operations.

(3) A licensee must maintain a sign that is erected pursuant to

subsection (1) in a manner that is satisfactory to the Regulator.

(4) A licensee who operates more than one facility at a facility site

may erect one sign to identify all of the facilities at that site.

(5) A licensee who drills more than one well from one surface location

must identify the bottom hole location of each well on a sign affixed to

the wellhead.

(6) The licensee of a well or facility must post the following

categories of warning symbol, as applicable:

(

a) Category I: Flammable (gas or liquid); Class 3;

(

b) Category II: Poison Gas; Class 2.

(7) A Category II warning symbol must be used in the following

cases:

(

a) where a facility handles or a well may produce gas

containing 0.01 mol/kmol of hydrogen sulphide or greater;

(

b) where the Regulator so directs,

and a Category I warning symbol must be used in all other cases.

(8) Warning symbols must be of the size, design and colour shown in

Schedule 2.

(9) Warning symbols must be posted adjacent to all entrances to the

developed area of wells and facilities or, for wells and facilities that

have no access roads or developed areas, warning symbols must be

posted at the wellhead or facility.

(10) A warning symbol may be posted on a sign that is erected at the

primary entrance to a well or facility pursuant to subsection (1).

(11) No licensee may

(

a) post warning symbols if a hazard does not exist, or

(

b) post warning symbols that are not in compliance with this

section and

Schedule 2.

Emergency Preparedness and Response

Definitions

42 In this

section and sections 43 to 45

(a) "corporate ERP" means an ERP that applies to all wells and

facilities of a licensee;

(b) "emergency" means a present or imminent event, outside the

scope of normal operations, that requires prompt

coordination of resources to protect the health, safety or

welfare of people or to limit damage to property and the

environment;

(c) "ERP" means a comprehensive emergency response plan to

protect the public that includes criteria for assessing an

emergency and procedures to mobilize response personnel

and agencies and to establish communications and ensure

coordination of the emergency response;

(d) "sour gas" means any incidental formation gas containing

hydrogen sulphide;

(e) "sour well" means a well expected to encounter sour gas

bearing formations during drilling or any well incidentally

capable of producing sour gas.

Preparation of corporate ERP

43(1) A licensee of a well or facility must prepare a corporate ERP in

accordance with Directive 071.

(2) A licensee must on request file the corporate ERP referred to in

subsection (1) with the Regulator for review by the Regulator.

Preparation of ERP in respect of sour well

44(1) A licensee of a sour well must prepare a site-specific ERP for

each sour well in accordance with Directive 071.

(2) A licensee referred to in subsection (1) must submit a site-specific

ERP for each sour well to the Regulator for approval as required by

Directive 071.

ERP update, training and emergency response

45 A licensee referred to in

section 43 or 44 must

(

a) update the ERP and undertake training exercises, and

(

b) in the case of an emergency, report the emergency to the

Regulator and implement the ERP

in accordance with Directive 071.

Storage

Use of earthen structures or excavations

46 Earthen structures or excavations may not be used as receptacles

for operational fluids, hydrocarbons, process chemicals, produced

water, process water or oilfield wastes (other than drilling wastes)

produced from a well or facility, either by design or normal operating

practice, without the written approval of the Regulator.

Storage of materials

47(1) Materials that are used, produced or generated at a well site or

facility, other than fresh water and inert solids, must be stored in

accordance with the requirements of Directive 055.

(2) Aboveground tanks, underground tanks, containers, lined earthen

excavations, bulk pads and any other storage device or system referred

to in Directive 055 must meet the requirements in Directive 055.

(3) The Regulator, on application, may approve storage methods,

systems or devices alternative to those set out in Directive 055 if in the

Regulator's opinion the level of environmental protection provided is

at least equal to that outlined in the Directive.

(4) Tanks or batteries of tanks containing fluids other than fresh water

at a well or facility must be located so that the distance from the outer

perimeter of the dike to any surface improvement other than a public

roadway is not less than 60 m or a lesser distance permitted by the

Regulator.

Venting of relief devices to open tank

48(1) Notwithstanding

section 59(5) and subject to subsection (2),

where a pressure relief valve, rupture disk or burst plate is installed on

a separator, treater or other pressure vessel that receives production

from a well, the licensee must connect the valve, rupture disk or burst

plate fitting by suitable piping to an open tank to contain the liquids.

(2) The Regulator, on application, may allow a licensee to use a

system of automatic controls or other method of avoiding spills if it is

satisfied that the degree of protection provided is equivalent to or

better than the venting of relief devices to an open tank.

Prevention of Spills or Releases

Equipment

49 A licensee must install equipment that will provide for the

protection of the environment from spills or uncontrolled releases of

fluids from the site.

Control of spills or releases from well or facility

50(1) If operating fluid, oilfield waste, water or hydrocarbon is spilled

or released from a break or leak in a wellhead, tank, separator, treater

or process vessel, the licensee of the well or the facility from which the

spill or release occurred must immediately take reasonable steps to

contain and clean up the spill or release and must ensure that the

spilled or released material is processed in the licensee's facility, if

appropriate, or is treated or disposed of, or both, in accordance with

Directive 058.

(2) If a spill or release referred to in subsection (1)

(

a) is not confined to the site of the well or facility from which

the spill or release occurred,

(

b) is on site and is in excess of 2 m3, or

(

c) is on site and of a size that may cause, is causing or has

caused an adverse effect as defined in the Environmental

Protection and Enhancement Act,

the licensee must immediately report the spill or release to the

Regulator as required by this section,

section 51 and Directive 089.

(3) When so directed by the Regulator, a report made under subsection

(2) must be confirmed in a written report to the Regulator and be

supplemented with at least the following additional information:

(

a) the time the spill or release occurred;

(

b) a description of the circumstances leading to the spill or

release;

(

c) a description of the spill or release containment and recovery

procedures;

(

d) a description of steps to be taken to prevent similar future

spills or releases;

(

e) the location of the spill or release;

(

f) any other information that the Regulator may require.

Spill during transport from well or facility

51 If operating fluid, oilfield waste, water or hydrocarbon is spilled

while being transported, otherwise than by pipeline, from a well or

facility to the intended destination, the licensee of the well or facility

must immediately

(

a) report the spill or release to the Regulator as required by

Directive 089,

(

b) take reasonable steps to contain and clean up the spill

material, and

(

c) ensure that the spill material is treated or disposed of in

accordance with Directive 058, unless otherwise approved by

the Regulator.

Spill response contingency plans and training

52(1) A licensee of a well or facility must

(

a) prepare a spill response contingency plan, and

(

b) conduct spill training exercises and complete a training

exercise report

in accordance with Directive 071.

(2) If in the opinion of the Regulator a well or facility is a risk to a

water body due to its location near the water body, the Regulator may

require the licensee of the well or facility to demonstrate that the

licensee has the equipment and the ability to implement a spill

response contingency plan.

Wells or facilities closer than 100 m to water

53 If a well or facility is located closer than 100 m to the normal

high-water mark of a body of water or permanent stream, or is in a

location where in the opinion of the Regulator a spill or leak may reach

the water, the licensee must

(

a) install on the wellhead, if the well is not on pump, a valve

that closes automatically to shut off an uncontrolled flow of

effluent from the well in the event of a failure of the

wellhead, surface facilities or gathering line,

(

b) install in the well, at the direction of the Regulator, a packer

and a subsurface valve to shut off automatically an

uncontrolled flow of effluent from the well in the event of a

failure of the wellhead or production casing,

(

c) construct pits, dikes, trenches or other structures or

installations to contain effluent or spill material, and

(

d) submit, at the request of the Regulator, a plan to limit the

spread of effluent or spill material and to recover effluent or

spill material from the surface of the water in the event of a

leak or spill, which includes details of procedures, materials

and equipment proposed to be used.

Abandonment of source of serious water pollution

54 If, in the opinion of the Regulator, the location or condition of a

well or facility is such that the well or facility may become a source of

serious water pollution, the Regulator may require that the well or

facility be abandoned.

Air Emissions Management

Compliance with Directive 060

55 The licensee of a well or facility must comply with the

requirements of Directive 060.

Burning at a well or facility

56(1) No person may burn, and no licensee, in the case of a well or

facility, may cause or permit to be burned, any oil, gas, oily waste or

other material produced or used at a well or facility except under

conditions of controlled combustion where there is no significant or

visible emission of smoke.

(2) Subsection (1) does not apply where the Regulator approves the

burning.

(3) Notwithstanding subsection (1), burning of effluent from a well or

facility is permissible under emergency conditions and due to

equipment failure, but the burning must be immediately reported to the

Regulator.

Equipping wells if samples > 50 mol/kmol H2S gas

57(1) This

section applies to a well at which the hydrogen sulphide

concentration in a representative sample of gas from the well is found

to exceed 50 mol/kmol, or a higher or lower ratio that the Regulator

may stipulate with respect to any well or group of wells in an area,

having regard to pressures, nature of production, remoteness of the

area and other circumstances.

(2) Unless the well is produced by artificial lift, the licensee must

equip the well with

(a) 2 master valves,

(

b) in the case of an open-loop well, an isolation packer, set as

closely above the producing formation as is practicable, with

the annular space between the tubing and production casing

filled with a suitable non-corrosive, corrosion-inhibited

liquid, and

(

c) a wellhead with a working pressure rating that is not less than

the bottom hole pressure of the producing formation, except

for the surface casing vent, which must have a working

pressure rating in accordance with

section 29(3).

(3) If a well is equipped with an isolation packer, as required by

subsection (2)(b), the licensee must report test results in accordance

with Directive 087.

(4) If requested by the Regulator, the licensee must submit

(

a) evidence to show, to the satisfaction of the Regulator, that the

liquid between the tubing and casing is isolated from the

fluid being injected, and

(

b) the data that substantiates the isolation.

(5) Stimulation treatments employing maximum pressures in excess of

75% of the minimum internal yield pressure of the production casing

must be carried out through the tubing and below a packer seated as

near to the production formation as is practicable.

(6) If the Regulator so directs, the licensee of a well must install in the

tubing of the well, at a minimum depth of 30 m below the surface, or

such other depth that the Regulator may prescribe, a valve that may be

controlled from the surface that will close automatically in the event of

an uncontrolled flow of fluids or gas, or a failure in the system that

operates the valve.

(7) The Regulator may, on application, exempt from any provision of

this

section a well or group of wells in an area where, in the opinion of

the Regulator, the pressures, nature of production, remoteness of the

area or other circumstances warrant the exemption.

Flaring at well producing H2S gas

58(1) If gas

(

a) from a well producing gas containing more than 50 mol/kmol of

hydrogen sulphide, or any higher or lower ratio stipulated by the

Regulator, or

(

b) produced from a well designated as a critical sour well

is flared during any test, during any period of cleaning out the well or

during well-servicing operations, the licensee must obtain approval

from the Regulator of the method, stack height and equipment to be

used to flare the gas.

(2) An application for approval under subsection (1) must be in

accordance with Directive 060.

Wells where > 10 mol/kmol H2S gas present

59(1) This

section applies to any well that produces gas containing

more than 10 mol/kmol hydrogen sulphide, or a higher or lower ratio

that the Regulator may stipulate with respect to any well or group of

wells in an area, having regard to pressures, nature of production,

remoteness of the area and other circumstances.

(2) The licensee of a well may not discharge or permit to be

discharged to the atmosphere any vapours or gas from process

equipment, tanks or the well, unless they are burned so that essentially

all sulphur compounds are converted to sulphur dioxide, but the

Regulator on written application may approve another method of

disposal.

(3) If no gas analysis has been taken from the well within the

preceding 12-month period, gas from the formation produced at the

well must be tested at the commencement of flaring to determine the

hydrogen sulphide content.

(4) If a flare stack is to be installed at a well for burning gas produced

during normal depressurizing operations or other routine flaring, the

licensee must install a flare stack constructed in accordance with the

specifications for a flare stack set out in subsection (8).

(5) If a pressure relief valve, rupture disk or burst plate is installed on

a separator or other pressure vessel that receives production from a

well, the valve, rupture disk or burst plate fitting must be connected to

the flare stack required by subsection (4).

(6) If a pressure relief valve, rupture disk or burst plate is installed on

a separator, treater or other pressure vessel that receives production

from a well, the vessel must be equipped with pressure and liquid level

sensors that cause a valve installed on the inlet to close and isolate the

vessel from the flow stream.

(7) The Regulator may, on application, exempt a licensee from the

requirements of subsection (6) and permit the use of a tank referred to

section 48 where, in the opinion of the Regulator, the nature of the

production, the remoteness of the area or any other circumstance

warrants the exemption.

(8) If gas is produced from any well to the atmosphere during a

drillstem test, the licensee must burn the gas through a flare stack,

which must

(

a) terminate with a vertical riser of at least 12 m or any greater

or lesser height that the Regulator directs in a particular case,

(

b) be provided with a suitable guard to prevent the wind from

extinguishing the flame,

(

c) be provided with a sweet gas pilot or ignition device, if the

gas flow may be intermittent, to ensure continuous ignition of

any vented gas, and

(

d) be provided with a suitable vessel to separate and collect any

liquids to prevent the liquids from reaching the flame.

(9) If hydrocarbon liquids are produced from a well during any test,

during any period of cleaning out the well or during well-servicing

operations, the liquids must be separated and piped to a storage tank

and all gas must be discharged to a flare stack that meets the

requirements of subsection (8)(a), (

b) and (c).

(10) Unless the licensee of a well equips and operates the well so that

the maximum operating flow line gauge pressure cannot exceed 1400

kPa, the licensee must install on the wellhead a mechanism that halts

the flow of fluids or gas in the event of an uncontrolled drop in

pressure or an equipment failure.

(11) The licensee of the well must, when requested to do so by the

Regulator, file with the Regulator an outline of emergency procedures

to ensure public safety that will be followed by the licensee in the

event of an uncontrolled emission of fluids or gas.

(12) The Regulator may exempt a well or group of wells in an area

from any provision of this

section where, in the opinion of the

Regulator, the pressure, nature of production, remoteness of area or

other circumstances warrant the exemption.

Facilities where > 10 mol/kmol H2S gas present

60(1) This

section applies to any facility that receives fluids

containing more than 10 mol/kmol of hydrogen sulphide in the gas

phase, or a higher or lower ratio as the Regulator may stipulate having

regard to the nature of production, the remoteness of the area and other

circumstances.

(2) The licensee of a facility may not discharge or permit to be

discharged to the atmosphere any vapours or gas from process

equipment, tanks or the facility, unless it is burned so that essentially

all sulphur compounds are converted to sulphur dioxide, but the

Regulator on written application may approve another method of

disposal.

(3) Gas burned or disposed of by a method approved under subsection

(2) must be burned or disposed of so as to ensure that the

concentrations of hydrogen sulphide and sulphur dioxide do not exceed

(

a) the maximum permissible concentrations set out in the

Alberta Ambient Air Quality Objectives and Guidelines

Summary as established and amended from time to time by

the Department of Environment and Parks,

(

b) standards to which the facility is subject under the

Environmental Protection and Enhancement Act, and

(

c) standards specified by the Regulator.

(4) Gas that is required under subsection (2) to be burned must be

discharged from a flare stack that is in accordance with the

specifications outlined in

section 59(8).

(5) The Regulator may, on application, exempt a facility from any

provision of this

section where, in the opinion of the Regulator, the

nature of production, the remoteness of the area or any other

circumstance warrants the exemption.

Pumping well with potential to flow H2S to atmosphere

61 A licensee of a pumping well that has the potential to flow to

atmosphere at sustained rates of at least 8 m3/day of fluids and has a

hydrogen sulphide content of 10 mol/kmol or greater in the gas phase

must ensure that the well is equipped with a full opening master valve,

a hydraulic rod blowout preventer and an environmental blowout

preventer.

Waste

Management of oilfield waste

62(1) In this section, "oilfield waste" includes waste generated from

the development of geothermal resources but does not include drilling

waste.

(2) The licensee of a well or facility generating oilfield waste must

(

a) properly characterize and classify oilfield wastes,

(

b) use appropriate oilfield waste storage, treatment and disposal

practices,

(

c) understand the capabilities and limitations of the methods

selected for the treatment and disposal of oilfield wastes that

are generated,

(

d) complete and maintain accurate oilfield waste documentation

and records,

(

e) disclose to waste carriers and receivers the characteristics and

classification of the oilfield wastes, and

(

f) ensure that waste operational requirements have been

satisfied and, if applicable, approvals are in place for on-site

oilfield waste management

in accordance with the requirements outlined in Directive 058 and any

other requirements as directed by the Regulator.

(3) The licensee of a well or facility must maintain the well or facility

in a clean condition and must ensure that oilfield wastes do not create

or constitute a safety hazard or nuisance or adversely affect air, soil,

surface water or groundwater.

Management of drilling waste

63(1) A licensee of a well must ensure that an earthen excavation at a

well site used to store drilling waste

(

a) is located and constructed so that it will not collect natural

run-off water, and

(

b) is located and constructed so that it will not allow

contaminants from the drilling waste to migrate beyond the

pit walls and bottom.

(2) If the surface topography or soil conditions are such that a

satisfactory storage pit of sufficient design and capacity cannot be

constructed, the licensee of the well must contain drilling waste in

tanks and must dispose of the waste without undue delay.

(3) The licensee of a well must ensure that all drilling waste is treated

and disposed of in accordance with

(

a) the requirements in Directive 050,

(

b) the requirements in Directive 058, or

(

c) other requirements approved by the Regulator.

Alternative management of waste

64 The Regulator may, on application made in accordance with

Directive 050, Directive 055 or Directive 058, approve alternative

storage, treatment and disposal methods to those prescribed in sections

47, 62 and 63 if the Regulator is satisfied that those alternative

methods will not adversely affect air, soil, surface water or

groundwater.

Blowout Prevention

Blowout prevention requirements

65(1) The requirements of Directive 036 and Directive 037 apply to

any well that is being drilled, tested, abandoned, completed,

reconditioned or serviced.

(2) A licensee of a well referred to in subsection (1) must comply with

Directive 036, Directive 037 and with any other requirements as

directed by the Regulator.

(3) The Regulator may, on its own initiative or on application, vary or

specify the blowout prevention requirements that apply to any well or

wells.

(4) The Regulator may, on its own initiative or on application, vary a

classification set out in Directive 036 or Directive 037 for any well or

wells.

(5) The Regulator may, on its own initiative or on application, vary

the design or requirements for any classification set out in Directive

036 or Directive 037.

(6) Prior to making application for a well licence, the licensee must

(

a) research offset well records to determine maximum pore

pressures and hole problems that may be encountered while

drilling the proposed well, and

(

b) incorporate the information determined under clause (

a) into

the well design.

(7) A licensee must make the information determined under

subsection (6)(

a) available to the Regulator on request.

Drilling and servicing inspections

66(1) The Regulator may make a direction requiring the licensee of

the well to

(

a) test the operation and effectiveness of blowout prevention

equipment required by Directive 036 and Directive 037,

(

b) conduct a pressure test of the blowout prevention equipment

referred to in clause (a), using where necessary a hanger plug

or casing packer, and

(

c) perform a blowout prevention drill.

(2) On a direction made by the Regulator and if the licensee believes it

is safe to do so, the licensee of a well must suspend or cause to be

suspended any operation or service being performed at a well until any

test required to be made, under subsection (1), has been completed.

(3) Any direction made by the Regulator under subsection (1) may be

made to the licensee of the well or to any contractor or other person

performing an operation or service referred to in subsection (2).

Fire Hazards, Exhaust and Smoking

Fire risks

67(1) In this section,

(a) "fire" means any open or enclosed flame or other source of

ignition except

(

i) an open or enclosed flame from a flare stack or

incinerator, or

(ii) a source of ignition associated with the installation and

operation of electrical equipment;

(b) "flame-type equipment" means any fired equipment using an

open or enclosed flame and includes, without limitation, a

space heater, torch, heated process vessel, boiler, open-flame

welder and thermoelectric generator, but does not include a

flare stack or incinerator;

(c) "process vessel" means a heater, separator, treater or any

vessel used in the processing or conversion of geothermal

heat.

(2) No person may create or cause to be created any fire within 50 m of a

well or any source of ignitable vapour at a well or facility.

(3) No oil storage tank may be placed or remain within 50 m of any

well, but the Regulator may prescribe a distance of less than 50 m but

not less than 15 m in any field or at any well, having regard to the

products of the well.

(4) No flame-type equipment may be placed or operated within 25 m

of a well or any source of ignitable vapour except

(

a) where the well is a water supply well,

(

b) where the well is a water injection well equipped with a

suitable packer and with the surface casing annulus vented

outside any building,

(

c) where the equipment is required to be used for emergency

work and the wellhead valves and the blowout preventer, if

one is installed, are closed, or

(

d) where extenuating circumstances exist and the Regulator has

suspended the application of this subsection in the area.

(5) No flame-type equipment may be placed or operated within 25 m

of any process vessels unless the flame-type equipment is fitted with

an adequate flame arrestor.

(6) No flame-type equipment may be located in the same building as

any process vessel or other source of ignitable vapour, unless

(

a) the air intakes and flues of all burners are located outside the

building,

(

b) relief valves, safety heads and other sources of ignitable

vapours are vented outside the building and discharged above

roof level, and

(

c) the building is adequately cross ventilated.

(7) All process vessels and equipment from which any ignitable

vapour may issue must be safely vented to the atmosphere, and all vent

lines from oil storage tanks that are vented to flare pits or flare stacks

must be provided with flame arrestors or other equivalent safety

devices.

(8) All installations at or near any well, process vessel or a source of

ignitable vapour must be made in compliance with regulations made

under the Safety Codes Act and the Occupational Health and Safety

Act.

(9) An exhaust pipe from an internal combustion engine, located

within 25 m of any well, process vessel or other source of ignitable

vapour, must be constructed so that

(

a) any emergence of flame along its length or at its end is

prevented, and

(

b) the end is not closer than 6 m to the vertical centre line of the

well, is projected upward and is directed away from the well.

(10) Each licensee of a well or facility at which there is located a

source of ignitable vapour must enforce the provisions of this section.

Operation of vehicles near wellhead

68 The licensee of a well must ensure that no vehicles operate within

a 3 m radius of the wellhead, except vehicles that are specifically

required to do so as part of an operation being performed on a well.

Smoking

69(1) No person may smoke within 25 m of a well, separator, oil

storage tank or other unprotected source of ignitable vapour, or on a rig

or derrick, at a well site.

(2) Each licensee of a well and each contractor who has contracted to

manage or perform any operation at a well must enforce the provisions

of subsection (1) at the well site.

(3) If a person contravenes subsection (1), the licensee and the

contractor referred to in subsection (2) who is the employer of that

person are in contravention of subsection (2) regardless of whether

they had knowledge of the smoking or took steps to guard against the

smoking.

Fencing

Fencing of facility

70(1) If the Regulator considers that a facility may, due to its location

or nature, constitute a serious hazard to the general public, the

Regulator may require the licensee of the facility to construct and

maintain an adequate fence around the facility.

(2) For the purpose of subsection (1), a fence must be considered

adequate if,

(

a) where a facility is within 800 m of an occupied dwelling, a

school or a location developed for camping, picnic or day use

by the public, the fence

(

i) is at least 2 m high,

(ii) is small mesh industrial type,

(iii) completely encloses the facility, and

(iv) is equipped with a gate that is locked when the facility

is unattended,

and

(

b) where a facility is located elsewhere, it is a cattle-type fence

with a minimum of 4 strands of barbed wire and either a gate

or a cattle guard.

Marking and fencing of well

71(1) In this section, "unrestricted country development" means any

collection of permanent dwellings situated outside of an urban centre

and having more than 8 permanent dwellings per quarter section.

(2) The licensee of a well must ensure that the wellhead is

conspicuously marked or fenced in a manner that makes it visible in all

seasons.

(3) The licensee of a well that is equipped with a pumping unit and

located in or within 800 m of

(

a) the boundaries of a city, town, new town, village, summer

village, hamlet or other incorporated centre,

(

b) an unrestricted country development,

(

c) a public facility,

(

d) an occupied dwelling,

(

e) a school, or

(

f) a location developed for camping, picnic or day use by the

public

must enclose the well and pumping unit with a fence suitable for

preventing access to or tampering with the well and pumping unit.

(4) A fence required by subsection (3) must be

(

a) of steel mesh, with the mesh not greater than 130 cm2,

(

b) not less than 2 m high,

(

c) placed around the entire pumping unit, wellhead and cellar,

and

(

d) equipped with a gate that is locked when the well is

unattended.

(5) If, in the opinion of the Regulator, the location of a well that is

equipped with a pumping unit is or may become a serious hazard to the

general public, the Regulator may require that the well be fenced in

accordance with subsection (4).

(6) The Regulator may, on application, exempt the licensee from or

vary any of the requirements of this

section where, in the opinion of

the Regulator, circumstances warrant the exemption or variation.

Miscellaneous

Conservation

72 A licensee may not waste energy resources.

Detection of hydrocarbons in production fluids

73(1) If production fluids from a well contain any incidental

hydrocarbons, the licensee of the well must

(

a) cease operations, unless they have the right to produce the

hydrocarbons,

(

b) immediately notify the Regulator, and

(

c) apply to amend the licence, if directed to do so by the

Regulator, to change the authorized purpose of the well in

accordance with

section 9.

(2) If the licensee has the right to produce the hydrocarbons and has

not been directed by the Regulator to apply to amend the licence, the

licensee must

(

a) meet the hydrocarbon-related measurement requirements in

Directive 017, and

(

b) report the production in accordance with Directive 007.

Noise

74 The licensee of a well or facility must meet the noise control

requirements in Directive 038.

Participant involvement

75 The licensee of a well or facility must meet the participant

involvement requirements in Directive 089.

Part 4

Well Sampling, Testing,

Records and Reports

Sampling and Submission of Well Data

Submission of well data

76 If a licensee of a well conducts or obtains well tests, analyses,

surveys, reports or logs, the licensee must submit all results to the

Regulator within the time period specified by the Regulator.

Well tests, analyses, surveys, reports and logs

77 The Regulator may require the licensee of a well to conduct or run

any reasonable or conventional test, analysis, survey or log or perform

any instrument calibration and to submit to the Regulator the

information so obtained.

Analysis of reservoir fluids

78 The licensee of a well must conduct initial and annual sampling

and analysis of reservoir fluids in accordance with Directive 089 and

must submit the analysis in accordance with Directive 040 and

Directive 089.

Drillstem tests

79 The licensee of a well must submit any drillstem tests that are

conducted at the well site to the Regulator in accordance with

Directive 040 and Directive 089.

Samples of drill cuttings

80(1) The licensee of a well must take samples of drill cuttings in

accordance with Directive 089.

(2) Within 2 weeks of the finished drilling date of a well, the licensee

must deliver the samples at the licensee's expense to the Regulator's

Core Research Centre, 3545 Research Way N.W., Calgary, Alberta

T2L 1Y7.

(3) Samples submitted under subsection (2) must meet the following

requirements:

(

a) the samples are washed and dried;

(

b) the samples are in 2 dram (19 mm x 48 mm) plastic vials;

(

c) the vial caps are round and of low density polyethylene;

(

d) the vial labels are 16 mm x 63 mm of latex laser sheet label

quality;

(

e) the information on the label includes the unique well

identifier and the depth from which the sample was taken;

(

f) the vials are packaged and submitted in lidded sample trays.

Core samples

81(1) When directed by the Regulator, the licensee of a well must

core each formation or part of a formation to which the direction

applies.

(2) Unless otherwise directed by the Regulator, the licensee may

remove and retain from any core recovered one longitudinal slab not

thicker than the lesser of 25 mm or 1/2 the thickness of the core.

(3) The licensee must

(

a) place all core or parts of core remaining after the removal of

a slab in accordance with subsection (2) in cardboard core

boxes that fulfill the labelling and packaging requirements of

the Regulator, and

(

b) forward the core intact at the licensee's expense, within 3

months of the finished drilling date of the well from which

the core was recovered, to the Regulator's Core Research

Center, 3545 Research Way N.W., Calgary, Alberta T2L

1Y7.

Submission of core reports

82 The licensee must submit to the Regulator, within one month of

the completion of any analyses made of the core involving

measurements of reservoir characteristics, 2 copies of reports of that

analyses.

Submission of well logs

83(1) The licensee must,

(

a) before completion, abandonment or suspension of drilling

operations at a well, take well logs in accordance with

Directive 080,

(

b) within one month of the rig release date of a well, submit to

the Regulator a copy of each log, survey or chart taken at the

well together with all pertinent data other than the check shot

calibrations made with reference to a velocity survey, and

(

c) within one month of the run date, submit to the Regulator any

additional logs, including flow meter logs and related

analysis, taken at the well after the original logging

operation.

(2) Logs, surveys, charts and other data submitted under this

section

must be in a format acceptable to the Regulator.

(3) The Regulator may on application allow substitution or grant relief

from the requirements of this

section where special circumstances

warrant.

Measurement

Calibration of instruments

84 The licensee of a well must use instruments that meet the

following requirements:

(

a) any dead weight gauge that is used to calibrate wire line

instruments for taking subsurface pressure measurements

must be certified annually by a calibration laboratory

accredited by the Standards Council of Canada through the

Calibration Laboratory Assessment Service of the National

Research Council of Canada or another calibration laboratory

certified as meeting ISO/IEC 17025 standards;

(

b) the calibration must be obtained using an approved dead

weight gauge at a minimum of

(

i) within 3 months prior to use in any survey,

(ii) twice after repairs or abnormal stresses, and

(iii) once annually under the necessary conditions to check

temperature sensitivity.

Metering errors

85 On the discovery of any metering error, the licensee must have the

meter corrected immediately and must report corrected production for

the period during which the meter measured incorrectly.

Measurement of injection wells

86 If gas, water or another substance is injected through a well to an

underground formation, it must be continuously measured by a method

satisfactory to the Regulator.

Measurement requirements in Directive 089

87 A licensee must meet the measurement requirements in Directive

Records, Reports and Confidentiality

Records and reports of well operations

88 The licensee of a well must keep and file with the Regulator

records and reports relating to the operations of the well in accordance

with Directive 059 and Directive 089.

Records of status of well

89(1) The licensee of a well must, when required by Directive 007 or

Directive 089, keep a record relating to the status of a well and file the

record in accordance with that Directive.

(2) The licensee of a well must keep any other records relating to the

status of a well in addition to those described in subsection (1) and file

with the Regulator any other reports that the Regulator may require.

Record of production

90(1) The licensee of a well or a facility must, when required by

Directive 007 or Directive 089, keep records of any power, heat or

hydrocarbons encountered, and any water, air or other substances

produced, and file those records in accordance with those Directives.

(2) The licensee of a well or facility must keep a daily record of the

production operations of the well or facility in a form satisfactory to

the Regulator and keep the original recording of a measurement used

to determine the particulars for the record filed with the Regulator

under subsection (1).

(3) If a substance is received or delivered to a pipeline regulated under

the Pipeline Act, the licensee of the facility must, when required by

Directive 007 or Directive 089, keep records of the substance and file

the records with the Regulator in accordance with those Directives.

(4) The licensee of a well or facility must keep any other records

relating to production from a well or facility in addition to those

described in this

section and file with the Regulator any other reports

that the Regulator may require.

Records under Directive 076

91 If Directive 076 applies to a well or facility, the licensee of the

well or facility must keep records in accordance with the requirements

of Directive 076 and provide copies of the records to the Regulator on

request.

Report of fire

92(1) The licensee of a well or facility must immediately report to the

Regulator any fire that occurs at a well or facility where the loss

exceeds 2 m3 of fluid or where damage to the wellhead occurs.

(2) Each report to the Regulator under subsection (1) must specify the

location of the well or facility.

Report of casing leak or failure

93 The licensee of a well must notify the Regulator immediately on

detection of a casing leak or failure and, if requested by a

representative of the Regulator, must provide a report assessing the

leak or failure, including a discussion of the cause, duration, damages,

proposed remedial program and measures to prevent future failures.

Financial information

94(1) A licensee must provide financial information to the Regulator

as and when directed by the Regulator for the purposes of

(

a) assessing licensee eligibility,

(

b) administering the liability management programs set out in

directives published by the Regulator, or

(

c) to ensure the safe, orderly and environmentally responsible

development of energy resources in Alberta, including

closure.

(2) The information provided under this

section must be kept

confidential by the Regulator for a period of 5 years.

Confidentiality

95(1) The following types of well data will remain confidential for

one year from the finished drilling date:

(

a) any log and drillstem test data;

(

b) wire line formation test data;

(

c) pressure, temperature and flow test data;

(

d) completion details;

(

e) fluid analysis data;

(

f) sample drill cuttings or core;

(

g) core analysis data;

(

h) hours on production and injection.

(2) The licensee may request extension of the period of

confidentiality, and if the licensee satisfies the Regulator that

continued confidentiality is warranted after the period referred to in

subsection (1), the Regulator may extend the confidentiality for a

further period that the Regulator considers appropriate.

(3) The Regulator, at any time, must make available to the public,

from records, reports or information submitted to or acquired by it,

(

a) any application or submission of an applicant or intervener in

any proceedings before the Regulator under the Act or these

Rules and to which the Alberta Energy Regulator Rules of

Practice (AR 99/2013) apply, whether or not the proceeding

goes to a hearing or is otherwise disposed of, or any record,

report or information of an applicant or intervener filed by

the applicant or intervener in connection with the proceeding,

(

b) the surface and bottom hole locations, elevation, current

depth, drilling status or casing and cementing data of a well,

(

c) the monthly totals of each type of fluid injected into or

produced from a well, and

(

d) any information submitted regarding hydraulic fracturing

fluids used in operations at any well.

(4) If interpretive data to determine the maximum hydrogen sulphide

release rate of a well that may encounter hydrogen sulphide are

submitted to and accepted by the Regulator as confidential, the

Regulator must make the data available to the public only with the

consent of the applicant or licensee.

(5) If any record, report or information submitted to or acquired by the

Regulator is not available to the public by reason of this section, the

Regulator may, with the consent in writing of the person by whom it

was submitted or from whom it was acquired, make the record, report

or information available to the public.

(6) Notwithstanding these Rules, the Regulator may make any data,

record, report or information available to a peace officer for the

purpose of enforcing the Criminal Code (Canada) or the laws of

Alberta.

(7) Nothing in this

section requires the Regulator

(

a) to obtain for the purpose of making it available any data it

otherwise does not have,

(

b) to publish any data or make it available otherwise than on

request, or

(

c) to make any data available otherwise than putting it on view

at the facilities provided for that purpose by the Regulator in

the ordinary routine observed in the Regulator's offices and

on payment of the Regulator's usual fees for such services.

(8) Notwithstanding anything in this section, the Regulator may make

any data, record, report or information submitted to the Regulator

available to the Minister of Energy for the purpose of calculating or

otherwise determining royalties on geothermal resources or other

substances receivable by or payable to the Crown in right of Alberta.

Part 5

Suspension, Abandonment

and Closure

Suspension of wells

96 A licensee must suspend a well when required by and in

accordance with Directive 013 and Directive 089, or as otherwise

directed by the Regulator.

Abandoned wells

97 A licensee must abandon a well or facility

(

a) on the termination of the mineral lease or surface lease,

(

b) where the licensee fails to obtain the necessary authorization

for the intended purpose of the well, if the licensee does not

hold the right to drill for and produce the geothermal

resource from the well,

(

c) if the licensee has contravened

an Act, a rule, a regulation or

an order or direction of the Regulator and the Regulator has

suspended or cancelled the licence,

(

d) if the Regulator notifies the licensee that in the opinion of the

Regulator the well or facility may constitute an

environmental or a safety hazard,

(

e) if the licensee is not or ceases to be a working interest

participant in the well or facility,

(

f) if the licensee

(

i) is not or ceases to be resident in Alberta,

(ii) has not appointed an agent in accordance with

section

20 of the Act, and

(iii) does not hold a subsisting exemption under

section 5

from the requirement to appoint an agent,

(

g) if the licensee is

(

i) a corporation registered, incorporated or continued

under the Business Corporations Act whose status is not

active or has been dissolved or if the corporate registry

status of the corporation is struck or rendered liable to

be struck under any legislation governing corporations,

(ii) an individual who is deceased,

(

h) if the licensee has suspended the well in contravention of the

requirements established by the Regulator under

section 96,

(

i) when required by the Regulator under timelines set out in

directives related to closure published by the Regulator, or

(

j) where otherwise ordered to do so by the Regulator.

Abandonment operations

98(1) Abandonment operations, including well abandonment, casing

removal, zone abandonments and plug backs, must be conducted in

accordance with Directive 020.

(2) A licensee must comply with all of the requirements of Directive

079, including requirements for locating and testing wells that are

considered abandonment operations for the purposes of sections 14,

15, 16, 17 and 19 of the Act.

Closure quotas

99(1) The Regulator may establish closure quotas that are applicable

to some or all licensees with respect to the required amount of work or

the amount to be spent, or both, as directed by the Regulator and for

the period determined by the Regulator, with respect to the closure of

the licensee's wells and facilities.

(2) A licensee must comply with any closure quota applicable to it,

unless otherwise directed by the Regulator.

Regulator request for closure plans

100(1) When requested by the Regulator, a licensee must submit a

closure plan regarding some or all of its wells and facilities, in

accordance with any direction of the Regulator given under subsection

(3).

(2) A closure plan must contain the information required by the

Regulator and the plan must be approved by the Regulator subject to

(3) The Regulator may direct the timing and priority for performing

work with respect to the closure of the licensee's wells and facilities.

licensee's approved closure plan.

Eligible requesters request for closure plan

101(1) For the purpose of this section, "eligible requester" means,

(

a) in the case of a well or facility situated on private land, the

landowner,

(

b) in the case of a well or facility situated on public land,

(

i) the Minister, and

(ii) the holder, if any, of a disposition issued under

Part 3 of

the Public Lands Administration Regulation

(AR 187/2011),

(

c) in the case of a well or facility situated on an Indian reserve,

the reserve as represented by the council of the band as

defined in the Indian Act (Canada),

(

d) in the case of a well or facility situated on a Metis settlement,

the Metis settlement, and

(

e) in the case of a well or facility situated on land owned by a

municipality as defined in the Municipal Government Act,

the municipality.

(2) If

(

a) a well or facility has remained in either an inactive or

abandoned state for 5 or more years, and

(

b) a request for closure has been made to the Regulator by an

eligible requester,

unless otherwise directed by the Regulator, the licensee of the well or

facility must prepare a closure plan respecting the well or facility.

Application for determination of costs

102(1) An application under

section 17(3) of the Act

(

a) for a determination of the costs of providing reasonable care

and measures to prevent impairment or damage, suspension

costs, abandonment costs, remediation costs or reclamation

costs for a well, facility, well site or facility site, and

(

b) for the allocation of the costs in clause (

a) to each working

interest participant in accordance with each working interest

participant's proportionate share in the well or facility

made by a person who conducted the work where ordered or directed

by the Regulator must be made in accordance with this section.

(2) Unless otherwise directed by the Regulator, an application referred

to in subsection (1) must include

(

a) the applicant's full legal name, business address, telephone

number, email address and the name of a contact person for

the applicant,

(

b) the legal description and licence number of

(

i) the well, facility, well site or facility site that has been

provided with reasonable care and measures to prevent

impairment or damage,

(ii) the well, facility, well site or facility site that has been

suspended or abandoned, or

(iii) the well site or facility site that has been remediated or

reclaimed,

(

c) a complete list, totalling 100% of the working interest, of the

working interest participants in the well or facility at the time

the costs were incurred,

(

d) each working interest participant's full legal name, last

known business address, telephone number and email

address, the name of a contact person for each working

interest participant and the proportionate share of the costs

for each working interest participant for which the

application is being made,

(

e) a detailed description of the total costs incurred in the

provision of reasonable care and measures to prevent

impairment or damage or in the work of suspension,

abandonment, remediation or reclamation, supported by

receipts for the costs incurred and for salvage revenue, if any,

(

f) in the case of a determination of costs for

(

i) the provision of reasonable care and measures to

prevent impairment or damage, a statement that

(

A) the provision of reasonable care and measures in

respect of the well, facility, well site or facility site

was carried out in accordance with these Rules and

other requirements, and

(

B) the Regulator's records have been updated to

reflect the work performed,

(ii) suspension or abandonment, a statement that the

suspension or abandonment of the well, facility, well

site or facility site has been completed, was carried out

in accordance with these Rules and other requirements

and that the Regulator's records have been

Document details

CollectionAlberta — Gazette
Citation30 June 2022
Typegazette
Volume / chapter12 Jun30 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifier6e2f8652c1b34bff2e78709c3a549743e09bb503

Source file is stored in the law ingest library (html).